James v. City of New York

Full title: DEVERN JAMES et al., Appellants, v. CITY OF NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1997

239 A.D.2d 560 (N.Y. App. Div. 1997)

658 N.Y.S.2d 972

Opinion

May 27, 1997

Appeal from the Supreme Court, Kings County (Garry, J.).

Ordered that the interlocutory judgment is affirmed, with costs to the respondent City of New York.

We do not agree with the plaintiff that a new trial on the issue of liability is warranted against all of the defendants. The trial was bifurcated, as to liability and damages, and the acts which the plaintiffs claim indicated bias on the part of the trial court occurred after the conclusion of the liability phase. Inasmuch as the trial court granted a mistrial in connection with the damages phase, and remitted the matter to a new part for a de novo trial on damages, the plaintiff is not entitled to any further relief ( cf., People v. Moulton, 43 N.Y.2d 944, 945-946).

Rosenblatt, J.P., Sullivan, Pizzuto and Friedmann, JJ., concur.